Oklahoma Criminal Reports; Cases Determined in the Criminal Court of Appeals of the State of Oklahoma Volume 11

Oklahoma Criminal Reports; Cases Determined in the Criminal Court of Appeals of the State of Oklahoma Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: .... M. LYON v. STATE. No. A-1847. Opinion Filed March 19, 1915. (146 Pac. 1084.) 1. '1'R1AL--Instructions--Gbnstructi0n--Harm1ess Error. (a) The instructions of the court upon any one point at issue in the trial of a criminal cause are to be considered in part materia. (b) When the instructions of the court covering any one point in the trial of a criminal cause are considered in pari materia, and are found to state the law as favorable or more so to the accused than the proof in the record warrants, a judgment of conviction will not be reversed on the ground that some one instruction on a particular question in the case, standing alone, is not technically correct. ' 2. APPEAL--Excessive Sentence---M0diflcation. When a review of all the facts and circumstances disclosed by the record indicates that the trial court, in rendering judgment imposed an excessive sentence, this court will modify the judgment in the interest of justice. ' (Syllabus by the Court.) Appeal from District Court, Wagoner Cozmt_v, ' R. C. Allen, Judge. I. AM. Lyon was convicted of assault with a sharp and dangerous weapon with intent to do bodily harm, and appeals. Modified and affirmed. S ponsler 6' Graves and W. B. M oss, for plaintiff in error. Smith C. Matson and C. J. Dar/enport, .Asst. Attys. Gen., for the State. ARMSTRONG, _l. The plaintiff in error, . M. Lyon, was convicted in the district court of VVagoner county at the April, 1912, term thereof, on a charge of assault with a sharp and dangerous weapon with intent to do bodily harm without jus-tifiable or excusable cause, upon the person of D.. Weddle, and his punishment fixed at two years' imprisonment in the state penitentiary. The testimony on behalf of the state indicates that there had been forshow more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236778308
  • 9781236778307